Nikah Halala & Polygamy's Constitutional Validity to be Examined by Supreme Court
With SC issuing notices, it will be interesting to see how things move forward. After instant triple talaq being struck down, it has to be seen what next will happen with Nikah Halala and Polygamy.
Mumbai, March 26: The Supreme Court, on Monday agreed to examine the constitutionality of ‘nikah halala’ and ‘polygamy’. Seven months after striking down the ‘instant triple talaq’, the Apex Court has decided to explore the validity of these marriage practices, commonly exercised by Muslim community.
The Supreme Court issued notices to both, Central government and the Law Commission, earlier today. Through its notices, the SC has asked them to come clear on their stand on these petitions, which requests to abolish such marriage practices.
Nikah Halala is a practice that aims to restrain divorces in the community. As per it, a Muslim man cannot remarry his former wife unless she marries someone else first, consummate that marriage, file a divorce and then go through the interim period of separation called ‘Iddat’.
Polygamy is a practice followed in Muslim community where men are allowed to have multiple wives. It is a practice where men can marry more than a woman at one time.
One of the petitions with the SC state that it violates the rights of Muslim women. The petition states that under Polygamy only men are allowed to have multiples wives and the same is not applicable in reverse.
The Supreme Court also noted that five-judge bench that struck down instant triple talaq, in August last year, had kept the issues of nikah halala and polygamy open.
During the court proceedings, the then Attorney General had asked the bench to review all the three matters in one go only. The bench had then said, “Attorney General, it does not even happen in T20 cricket that one can take three wickets in one ball.”
The Supreme Court, last year, had declared triple talaq unconstitutional by 3:2 majority. Justices Kurian Joseph, RF Nariman and UU Lalit were in favour to declare it unconstitutional whereas the then Chief Justice JS Khehar and Justice S Abdul Nazeer were opposed to it.
With Supreme Court issuing notices to Centre and the Law Commission, it will be interesting to see how things move forward. After instant triple talaq being struck down last year, it has to be seen what next will happen with Polygamy and Nikah Halala.
(The above story first appeared on LatestLY on Mar 26, 2018 02:31 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).